that many of the reasons that require that secrecy of grand jury proceedings be maintained do not apply in a situation where the defendant wants to see a transcript of his own testimony and nothing else. It is no violation of secrecy to allow him to do so.
One might say, of course, why should the defendant have any reason for seeing his own testimony? The Court can conceive readily that if a person is questioned at length concerning many details, he might in entire good faith not be sure what he said some time previously concerning some particular detail, and an inconsistency between his testimony at the trial and what he said before the grand jury, even in a minor matter, might be inflated beyond its proper scope. There is nothing reprehensible in the desire of a defendant to see a transcript of his own testimony in order to refresh his recollection before his trial.
The Court is unable to perceive, on the other hand, how the Government can be prejudiced by such a disclosure. The Government could be prejudiced by a disclosure of testimony of other witnesses, but the Court is unable to discern how the Government could be adversely affected by a disclosure to the defendant of his own testimony.
This is a case of novel impression. Both sides agree that their research has not disclosed any case passing upon this point. It has been held, however, in the Second Circuit, in United States v. Remington, 191 F.2d 246, 250, that if a person is indicted on a charge of perjury before a grand jury, he is entitled to an inspection of the transcript of his entire testimony before the grand jury. The reason for granting the defendant's request is not as strong in the situation presented in the case at bar as in the situation that confronted the Court in the Remington case. The Court is citing the Remington case in order to indicate that courts generally are more lenient when the defendant wants to inspect a transcript of his own testimony than when he seeks to inspect the testimony of other witnesses before the grand jury.
The Court is not willing to go as far as to say that in every case in which a defendant testifies before a grand jury he should be allowed to see a transcript of his own testimony. For example, there are occasions when a defendant, at his own request, believing that he is under investigation, requests to be heard before the grand jury. It may well be argued that under such circumstances there is no reason why he should be accorded the privilege of inspecting a transcript of what he says to the grand jury.
In the rather exception situation, however, where a person is subpoenaed before the grand jury, gives testimony, and later on is indicted as a result of the investigation in which he testified, an entirely different problem confronts the Court. Such cases are not common because ordinarily persons whose indictment is under consideration are not brought before the grand jury by the Government and requested to testify, unless, indeed, they are formally informed of the possibility and are asked to waive immunity. This is not such a case.
In view of these considerations, the Court will grant this motion; namely, will permit the defendant or his counsel to inspect and copy a transcript of the testimony that the defendant gave before the grand jury.
I am not formulating this as a general rule. I think each case must stand on its own feet and the decision must depend on the particular facts of each case. In this instance, the Court is of the opinion that the facts warrant the relief requested.
Motion granted. You may submit an order accordingly.
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